APPENDIX  OF  CASES.

217

the  end  of  section  24,  “  If  any  officer  having  any  moneys,
securities,  &e.,  of  the  society  in  his  possession,  shall  withhold ­
  or  misapply  the  same.”  That  clearly  means  a  withholding ­
  or  misapplying  under  circumstances  importing
misconduct.  And  this  is  confirmed  by  the  proviso  at  the
end  of  the  section  :  “  Provided  that  nothing  herein  contained ­
  shall  prevent  the  said  society  from  proceeding  by
indictment  against  the  said  party  ;  provided  also,  that  no
person  shall  be  proceeded  against  by  indictment,  if  a  conviction ­
  shall  have  been  previously  obtained  for  the  same
offence  under  the  provisions  of  this  Act.”  It  is  evident
that  the  section  intended  to  create  an  offence.  Fraud  and
misrepresentation  being  negatived,  I  think  the  decision  of
the  magistrate  was  right.
Keating,  J.,  concurred.
Decision  affirmed  ;  costs  to  he  set
off  against  the  debt  due  from  the
respondent  to  the  society.

H.
Note  to  Section  22  of  the  Friendly  Societies  Act,
1875,  and  Section  14  of  the  Industrial  and
Provident  Societies  Act,  1876.
_  The  following  cases  have  been  decided  under  the  previsions ­
  of  former  Acts  relating  to  the  settlement  of  disputes ­
  :—
Upon  a  reference  before  arbitrators,  they  may  decline  to
hear  counsel  :  In  re  Macqueen,  9  C.  B.  (n.  s.)  793.
_  Where,  by  acquiescence  of  the  society,  justices  decide  a
dispute  in  a  case  where  the  rules  did  not  direct  disputes  to
be  referred  to  them,  the  court  refused  to  grant  a  certiorari
°n  the  application  of  the  society  :  R.  v.  IVest  London
Philanthropic  Burial  Society,  33  J.  P.  614.
The  direction  of  the  Acts,  as  to  the  reference  of  disputes,
has  the  effect  so  far  as  regards  such  disputes,  of  excluding
the  jurisdiction  of  the  superior  courts  :  Crisp  v.  Bunbury,
8  Bing.  394  ;  Timms  v.  Williams,  3  Q.  B.  413.  In  Ex  parte
Payne,  5  Dowl.  &  L.  679,  by  the  rules  of  a  benefit  building;
society,  it  was  provided  that  all  matters  in  dispute  s&mjM
be  referred  to  justices,  in  pursuance  of  10  Geo..  4,,  e.  56,